In Re Margaret J. Myers, Debtor. Margaret J. Myers

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that the void-not-voidable rule is not absolute because Section 362(d) of the Bankruptcy Code allows bankruptcy courts to retroactively annul the stay
• holding that one’s debt arising from an adverse judgment weighed against finding good faith
• observing that the Bankruptcy Court is accorded \wide latitude\ to \balance the equities when granting relief from the automatic stay\
• noting that the bankruptcy court is accorded “wide latitude . . . to balance the equities when granting relief from the automatic stay”
• affirming that bankruptcy court did not abuse its discretion in concluding that debtor’s dilatory tactics and prejudice to the creditor outweighed the creditor’s unclean hands in violating the stay
• noting that “[e]ven those cases that have subscribed to a narrow conception of the power to retroactively annul the stay have affirmed that balancing the equities is the appropriate test”

Source: CourtListener parenthetical corpus (CC0).